United States v. Owens, No. 22-51046 (5th Cir. 2024)
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Jacob Ray Owens was convicted for conspiring to possess with intent to distribute 50 grams or more of actual methamphetamine and was sentenced to 324 months in prison, followed by a five-year term of supervised release. Owens appealed his sentence, arguing that his trial and appellate counsel were ineffective for failing to challenge the purity of methamphetamine attributed to him. The United States Court of Appeals for the Fifth Circuit affirmed the district court's decision.
Owens and a co-conspirator, Brian Edward Stowe, were involved in a drug trafficking operation. After Owens was arrested, he continued to work with Stowe to maintain their business. The methamphetamine attributed to Owens was based on the drugs seized during his arrest and those he transported with Stowe from Mexico. Owens's base offense level was 36, with a total offense level of 37 and a criminal history category of V, leading to his sentencing guideline range of 324 to 405 months.
Owens challenged his sentence, arguing his counsel was ineffective for failing to challenge the purity of the methamphetamine attributed to him. However, the court held that Owens failed to show that he was prejudiced by his counsel's performance, noting that the district court could make plausible inferences based on the evidence at hand. The court noted that even if the objection were made, the district court would have adopted the same guideline range and imposed the same sentence. Therefore, Owens could not show a reasonable probability that the result would have been different if his counsel had objected or raised the argument on appeal.
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